[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13627-13629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5586]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Inventory Completion: History Colorado, Denver, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: History Colorado (formerly the Colorado Historical Society) 
has completed an inventory of human remains and associated funerary 
objects, in consultation with the appropriate Indian tribes, and has 
determined that there is insufficient evidence to reasonably establish 
cultural affiliation

[[Page 13628]]

between the human remains and associated funerary objects and present-
day Indian tribes. Representatives of any Indian tribe that believes 
itself to be culturally affiliated with the human remains and 
associated funerary objects may contact History Colorado. Disposition 
of the human remains and associated funerary objects to the Indian 
tribes stated below may occur if no additional claimants come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains should contact History 
Colorado at the address below by April 6, 2012.

ADDRESSES: Sheila Goff, NAGPRA Liaison, History Colorado, 1200 
Broadway, Denver, CO 80203, telephone (303) 866-4531.

SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3003, of the completion of an inventory of human remains and 
associated funerary objects under the control of History Colorado, 
Denver, CO. The human remains were recovered from various locations in 
Colorado, including Huerfano and Pueblo Counties.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). The determinations in this notice are the sole 
responsibility of the museum, institution, or Federal agency that has 
control of the Native American human remains. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    In 2010 and 2011, a detailed assessment of the human remains was 
made by History Colorado professional staff with representatives of the 
Arapahoe Tribe of the Wind River Reservation, Wyoming; Cheyenne and 
Arapaho Tribes, Oklahoma (formerly the Cheyenne-Arapaho Tribes of 
Oklahoma); Comanche Nation, Oklahoma; Crow Tribe of Montana; Fort Sill 
Apache Tribe of Oklahoma; Jicarilla Apache Nation, New Mexico; Northern 
Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana; 
Ohkay Owingeh, New Mexico (formerly the Pueblo of San Juan); Pawnee 
Nation of Oklahoma; Pueblo of Cochiti, New Mexico; Pueblo of San 
Ildefonso, New Mexico; Pueblo of Santa Clara, New Mexico; Rosebud Sioux 
Tribe of the Rosebud Indian Reservation, South Dakota; Shoshone Tribe 
of the Wind River Reservation, Wyoming; Southern Ute Indian Tribe of 
the Southern Ute Reservation, Colorado; Ute Indian Tribe of the Uintah 
& Ouray Reservation, Utah; and the Ute Mountain Tribe of the Ute 
Mountain Reservation, Colorado, New Mexico & Utah. The following tribes 
were invited to consult but did not participate: Kiowa Indian Tribe of 
Oklahoma; Oglala Sioux Tribe of the Pine Ridge Reservation; Pueblo of 
Santa Ana, New Mexico; Shoshone-Bannock Tribes of the Fort Hall 
Reservation of Idaho; Standing Rock Sioux Tribe of North & South 
Dakota; Three Affiliated Tribes of the Fort Berthold Reservation, North 
Dakota; Wichita and Affiliated Tribes (Wichita, Keechi, Waco & 
Tawakonie), Oklahoma; and the Zuni Tribe of the Zuni Reservation, New 
Mexico.
    In 2000, the following tribes previously consulted on Office of 
Archaeology and Historic Preservation (OAHP) Case Number 98: Kiowa 
Indian Tribe of Oklahoma; Oglala Sioux Tribe of the Pine Ridge 
Reservation, South Dakota; and the Three Affiliated Tribes of the Fort 
Berthold Reservation, North Dakota. In addition, the following tribes 
consulted on OAHP Case Number 175 in 2010: Hopi Tribe of Arizona; 
Navajo Nation, Arizona, New Mexico, & Utah; Pueblo of Acoma, New 
Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, New Mexico; 
Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of 
Pojoaque, New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of 
Tesuque, New Mexico; Ysleta Del Sur Pueblo, Texas; and the Zuni Tribe 
of the Zuni Reservation, New Mexico.

History and Description of the Remains

    In July 1994, human remains representing, at minimum, one 
individual were removed from private property, site 5HR117, in Huerfano 
County, CO, by citizens who turned the remains over to the county 
coroner. The coroner notified the State Archaeologist, who authorized 
an on-site investigation and collected additional remains. All remains 
were subsequently transferred to History Colorado, where they are 
identified as OAHP Case Number 98. No known individuals were 
identified. The 17 non-diagnostic associated funerary objects are 16 
whole and partial disk shell beads and one deer scapula.
    The remains had been disturbed; therefore, the original burial 
context is unknown. A stone enclosure typical of Apishapa sites is 
located about 50m north of where the remains were recovered but it is 
not possible to establish a relationship between the structure and the 
remains. Osteological analysis determined that the individual is of 
Native American ancestry.
    In May 1997, human remains representing, at minimum, one individual 
were transferred to History Colorado by the Denver Medical Examiner's 
Office. They are identified as OAHP Case Number 128. There is no 
information available as to where or how the remains were recovered.
    The medical examiner determined that the individual is of Native 
American ancestry. He observed that some molars had been intentionally 
removed and that there was minor deterioration of the bone, suggesting 
an estimated antiquity of 40 to 150 years.
    In 1955, human remains representing, at minimum, three individuals 
were removed from a cave in Pueblo County, CO, by private citizens. The 
cave is located on private land. At some time after discovery, they 
were transferred to Southern Colorado State College. In 1999, when the 
college closed the Laboratory of Anthropology, the remains were 
transferred to History Colorado. They are identified as OAHP Case 
Number 175. No known individuals were identified. The eight non-
diagnostic associated funerary objects are one leather bag in 
fragments; one lock of black hair; one lot of corn cobs; one strand of 
braided grass; one modified animal bone, possibly a bone bead blank; 
one lot of cordage fragments; one faunal bone and one animal tooth.
    Osteological analysis determined the individuals are of Native 
American ancestry. One individual exhibits cranial modification.
    In 1981, human remains representing, at minimum, one individual 
were removed from 5PE6811 in Pueblo County, CO, by a private citizen. 
The site is located on private land. In July 2008, he turned the 
remains over to the county coroner. The State Archaeologist was 
notified as they were determined to be Native American. The location of 
removal was investigated and the remains transferred to History 
Colorado. They are identified as OAHP Case Number 263. No known 
individuals were identified. The 11 non-diagnostic associated funerary 
objects are beads manufactured between 1790 and the late 1800s.
    Osteological analysis determined that the individual was of Native 
American ancestry.

Determinations Made by History Colorado

    Officials at History Colorado have determined that:
     Pursuant to 25 U.S.C. 3001(9)-(10), the human remains 
described above represent the physical remains of six

[[Page 13629]]

individuals of Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 36 objects described 
above are reasonably believed to have been placed with or near 
individual human remains at the time of death or later as part of the 
death rite or ceremony.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains described above and any present-day Indian tribe.
    History Colorado has determined that the human remains are 
``culturally unidentifiable'' under NAGPRA, 43 CFR 10.9(e)(6). In 2006, 
History Colorado, in partnership with the Colorado Commission of Indian 
Affairs, Southern Ute Indian Tribe of the Southern Ute Reservation, 
Colorado, and Ute Mountain Tribe of the Ute Mountain Reservation, 
Colorado, New Mexico & Utah conducted consultations with the tribes 
that have ancestral ties to the state of Colorado to develop the 
process for disposition of culturally unidentifiable Native American 
human remains and associated funerary objects originating from 
inadvertent discoveries on Colorado state and private lands. As a 
result of the consultation, a process was developed, Process for 
Consultation, Transfer, and Reburial of Culturally Unidentifiable 
Native American Human Remains and Associated Funerary Objects 
Originating From Inadvertent Discoveries on Colorado State and Private 
Lands (2008) (unpublished, on file with the Colorado Office of 
Archaeology and Historic Preservation). The remains described above 
were recovered in or transferred from state agencies in the Great 
Plains Consultation Region, as established by the Process, and tribes 
consulted are those who have expressed their wishes to be notified of 
discoveries in this region.
    The Native American Graves Protection and Repatriation Review 
Committee (Review Committee) is responsible for recommending specific 
actions for disposition of culturally unidentifiable human remains. On 
November 3-4, 2006, the Process was presented to the Review Committee 
for consideration. A January 8, 2007 letter on behalf of the Review 
Committee from the Designated Federal Officer transmitted the 
provisional authorization to proceed with the Process upon receipt of 
formal responses from the Jicarilla Apache Nation, New Mexico, and 
Kiowa Indian Tribe of Oklahoma, and subject to forthcoming conditions 
imposed by the Secretary of the Interior. On May 15-16, 2008, the 
responses from the Jicarilla Apache Nation, New Mexico, and Kiowa 
Indian Tribe of Oklahoma were submitted to the Review Committee. On 
September 23, 2008, the Assistant Secretary for Fish and Wildlife and 
Parks, as the designee for the Secretary of the Interior, transmitted 
the authorization for the disposition of culturally unidentifiable 
human remains according to the Process and NAGPRA, pending publication 
of a Notice of Inventory Completion in the Federal Register. This 
notice fulfills that requirement.
    43 CFR 10.11 was promulgated March 15, 2010, providing a process 
for the disposition of culturally unidentifiable Native American human 
remains recovered from tribal or aboriginal lands as established by the 
final judgment of the Indian Claims Commission or U.S. Court of Claims, 
a treaty, Act of Congress, or Executive Order, or other authoritative 
governmental sources. There is no available evidence indicating that 
the human remains reported in this notice originated from tribal or 
aboriginal lands, thus making them eligible for disposition under the 
Process.

Additional Requestors and Disposition

    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains should contact Sheila 
Goff, NAGPRA Liaison, History Colorado, 1200 Broadway, Denver, CO 
80203, telephone (303) 866-4531, before April 6, 2012. Transfer of 
control of the human remains to the Southern Ute Indian Tribe of the 
Southern Ute Reservation, Colorado, and the Ute Mountain Tribe of the 
Ute Mountain Reservation, Colorado, New Mexico & Utah may proceed after 
that date if no additional claimants come forward.
    History Colorado is responsible for notifying the Apache Tribe of 
Oklahoma; Arapahoe Tribe of the Wind River Reservation, Wyoming; 
Cheyenne and Arapaho Tribes, Oklahoma; Cheyenne River Sioux Tribe of 
the Cheyenne River Reservation, South Dakota; Comanche Nation, 
Oklahoma; Crow Creek Sioux Tribe of the Crow Creek Reservation, South 
Dakota; Crow Tribe of Montana; Fort Sill Apache Tribe of Oklahoma; Hopi 
Tribe of Arizona; Jicarilla Apache Nation, New Mexico; Kewa Pueblo, New 
Mexico (formerly Pueblo of Santo Domingo); Kiowa Indian Tribe of 
Oklahoma; Mescalero Apache Tribe of the Mescalero Reservation, New 
Mexico; Navajo Nation, Arizona, New Mexico & Utah; Northern Cheyenne 
Tribe of the Northern Cheyenne Indian Reservation, Montana; Oglala 
Sioux Tribe of the Pine Ridge Reservation, South Dakota; Ohkay Owingeh, 
New Mexico (formerly the Pueblo of San Juan); Paiute Indian Tribe of 
Utah (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of 
Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes) 
(formerly Paiute Indian Tribe of Utah (Cedar City Band of Paiutes, 
Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of 
Paiutes, and Shivwits Band of Paiutes)); Pawnee Nation of Oklahoma; 
Pueblo of Acoma, New Mexico; Pueblo of Cochiti, New Mexico; Pueblo of 
Isleta, New Mexico; Pueblo of Jemez, New Mexico; Pueblo of Laguna, New 
Mexico; Pueblo of Nambe, New Mexico; Pueblo of Picuris, New Mexico; 
Pueblo of Pojoaque, New Mexico; Pueblo of San Felipe, New Mexico; 
Pueblo of San Ildefonso, New Mexico; Pueblo of Sandia, New Mexico; 
Pueblo of Santa Ana, New Mexico; Pueblo of Santa Clara, New Mexico; 
Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of 
Zia, New Mexico; Rosebud Sioux Tribe of the Rosebud Indian Reservation, 
South Dakota; San Juan Southern Paiute Tribe of Arizona; Shoshone-
Bannock Tribes of the Fort Hall Reservation of Idaho; Shoshone Tribe of 
the Wind River Reservation, Wyoming; Southern Ute Indian Tribe of the 
Southern Ute Indian Reservation, Colorado; Standing Rock Sioux Tribe of 
North & South Dakota; Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota; Ute Indian Tribe of the Uintah & Ouray 
Reservation, Utah; Ute Mountain Tribe of the Ute Mountain Reservation, 
Colorado, New Mexico & Utah; Wichita and Affiliated Tribes (Wichita, 
Keechi, Waco & Tawakoni), Oklahoma; Ysleta Del Sur Pueblo of Texas; and 
the Zuni Tribe of the Zuni Reservation, New Mexico, that this notice 
has been published.

    Dated: March 2, 2012.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-5586 Filed 3-6-12; 8:45 am]
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